S 1016 IS
111th CONGRESS
1st Session
S. 1016
To amend title 38, United States Code, to modify the commencement of the period of payment of original awards of compensation for veterans who are retired or separated from the uniformed services for disability.
IN THE SENATE OF THE UNITED STATES
May 11, 2009
Mr. BURR introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to modify the commencement of the period of payment of original awards of compensation for veterans who are retired or separated from the uniformed services for disability.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. COMMENCEMENT OF PERIOD OF PAYMENT OF ORIGINAL AWARDS OF COMPENSATION FOR VETERANS RETIRED OR SEPARATED FROM THE UNIFORMED SERVICES FOR DISABILITY.
(a) Commencement of Period of Payment-
(1) IN GENERAL- Subsection (a) of section 5111 of title 38, United States Code, is amended--
(A) by inserting ‘(1)’ after ‘(a)’;
(B) in paragraph (1), as designated by paragraph (1) of this subsection, by striking ‘in subsection (c) of this section’ and inserting ‘in paragraph (2) and subsection (c)’; and
(C) by adding at the end the following new paragraph:
‘(2)(A) In the case of a veteran who is retired or separated from the active military, naval, or air service for a disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under section 5110 of this title or another applicable provision of law.
‘(B) In the case of a veteran described by subparagraph (A) who is also covered by subsection (b)(2), payment of monetary benefits shall be made as described in subparagraph (A) only if the veteran files a waiver as described in subsection (b)(2) within the time specified in subsection (b)(2)(B).’.
(2) TREATMENT OF REQUIRED WAIVERS- Subsection (b)(2) of such section is amended--
(A) by striking ‘If’ and inserting ‘(A) Except as provided in subparagraph (B), if’; and
(B) by adding at the end the following new subparagraph:
‘(B) In the case of a veteran described by subparagraph (A) who is also described by subsection (a)(2), the effective date of a waiver described by subparagraph (A) shall be deemed to be the date on which the award of compensation for the veteran becomes effective under subsection (a)(2) if the waiver is filed by the veteran not later than 30 days after the retirement or separation of the veteran from the active military, naval, or air service as described in subsection (a)(2).’.
(b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to awards of compensation based on original claims that become effective on or after that date.
Full Text of Legislation